Harare High Court - 2014 March

4 judgments
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4 judgments
Citation
Judgment date
March 2014
A former employee may not retain an employer’s vehicle after contract expiry pending a labour dispute; employer entitled to recovery.
Employment law — recovery of employer’s property after termination; rei vindicatio; urgency; former employee’s inability to retain employer vehicle pending labour dispute or speculative retrenchment
31 March 2014
Court confirmed final judicial management, held directors lack locus under provisional judicial management, and appointed the nominated manager.
Companies law – Judicial management – Companies Act ss 303, 305, 306, 307, 308 – Locus standi of directors under provisional judicial management – Effect of lapsed return date for confirmation – Confirmation of provisional judicial management where reasonable prospect of turnaround – Appointment and powers of final judicial manager; stay of proceedings; discharge of provisional judicial manager.
18 March 2014
Application to vary estate distribution dismissed for failure to use statutory Master-based dispute and for inordinate delay.
Administration of Estates — distribution plan (s 68D) — disputes to Master (s 68F) — statutory review vs
High Court jurisdiction — delay and acquiescence — inherent jurisdiction not to supplant statutory remedies
12 March 2014
Summary judgment granted for eviction where respondent failed to raise a prima facie defence to purchaser's title.
Civil procedure – summary judgment – eviction after sheriff’s sale – purchaser transferred title – defendant must show prima facie defence – unrelated pending litigation not a defence – eviction and sheriff authorised – attorney-and-client costs
12 March 2014